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Sunday, July 29, 2012

Tribunal Two
Defense Counsel, Farid Uddin Khan started proceedings by raising the issues of the presence of the chief prosecution.

Defence: we prayed earlier that the Chief (Prosecutor) should be present at alternative days. It would be easier for us if the cross examination were held in his presence.

Judge (Md. Shahinur Islam): Submit your prayer in writing on which day you want his presence.

Defense Counsel: Another matter is that, taking witness in the presence of investigation officers seems to problem to us. It appeared to us that they tend to influence witnesses directly or indirectly.
Justice Obaidul Hassan: If it is true, then you should tell us immediately. Listen, you also should be more co-operative.
Prosecutor, Mohammad Ali: My Lord, it is clearly stated in section 8 (1) of the Act that the investigation officers can help prosecutors.

Cross examination of the witness Sayed Shahidul Haque Mama by the defence counsel Ekramul Haque in the Quader Molla case then started. He had provided his testimony on the previous day

The prosecutor, Mohammed Ali told the witness that the learned Defense Counsel would cross examine him. ‘You will listen and understand first. If you know the answers then answer his question.’

Defence: You’ve said in your statement that you were a student attached to Mohosin Hall of Dhaka University. Was Mohosin Hall located the western side to the Arts Building and house of V.C.?

Witness: Where the previous Mohosin Hall was, the present Mohosin Hall is at the same place!

Defence: Were the classes of Arts faculty for example, History, Bangla, English, Political Science etc held in Arts Building?

Witness: Yes.

Defence: Were the classes of Science Faculty held in Karjon Hall?

Witness: Yes.

Defence: What was the distance between Mohosin Hall and Karjon Hall?

Witness: I had no scale to measure distance!

Justice (Obaidul Hassan): Say the approximate distance.

Witness: If I walk, then it will take half an hour to reach.

Defence: Shahidullah Hall and Fazlul Haque Hall are situated on the southern side of Karjon Hall, aren’t they?

Witness: I can’t remember at this moment.

Defence: You said in your statement, “I participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962.” Hamidur Rahman Education Commission was against the culture and tradition of Bangalis. Am I correct?

Witness: Certainly Hamidur Rahman Education Commission was against the culture and tradition of Bangalis.

Defence: The main organizer of that movement was Hosen Shahid Shohrawardy. Bangabandhu came to the movement taking the assistance of Shahid Shohrawardy. Shohrawardy, Bangabandhu and Mawlana Abdul Hamid Khan Bhashani- all these three great leaders participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962. Was it true?

Witness: Yes, it was true.

Defence: After increasing day by day, one day this movement took an extreme form. And, in continuance with this, Sergeant Jahirul Haque was fired on and died subsequently. Is it true?

Witness: No, Sergeant Jahirul Haque was not killed in consequence of the movement of 1962. He was an important accused of Agartola Conspiracy Case. And in consequence of that case, he was killed when he was confined at cantonment area.

Defence: Was he killed in 1968?

Witness: No, he was killed on 1969.

Defence: In consequence of these incidents, the Bangalis were shocked and raised their voice. After that, in the election of 1970, the Awami League won by getting 167 seats. Am I correct?

Witness: Yes, Bangalis were awakened because of the movement of 1969. In the election of National Assembly, Awami League won getting absolute majority of 167 seats out of 169 seats.

Defence: Then, getting no way, Ayub Khan resigned from power and gave power to Yahya Khan. Is that not so?

Witness: I’ll not say, ‘getting no way’. Actually Ayub Khan transferred power to Yahya Khan to suppress the power of the awakening of Bangalies.

Defence: Yahya Khan came and didn’t agree with Bangabandhu. Bangabandhu demanded to call parliament according to the Constitution. He didn’t compromise regarding any issues of his 6 demands. Am I correct?

Witness: Bangabandhu never compromised with Yahya Khan regarding any of the 6 demands.

Defence: In front of millions of Bangalis on 7 March, 1971, he expressed his desire towards freedom. Didn’t he?

Witness: Not freedom, but independence! The word ‘freedom’ contrasts with confinement. Independence is not like that.

Defence: Then started torture the torture upon Bangalies?

Witness: After the speech of Bangabandhu, in the horrible night of 25th March, Operation Search Light started. That attack was not only torture, but genocide.

Defence: Were you at your home that night?

Witness: I clearly stated earlier that at that night, I along with my friend took shelter at the club house of Bangalis beside the Mazar of Shah Ali, Mirpur.

Defence: You said in your statement, “we went in front of Beauty Cinema Hall of Mirpur with procession. Then the leader of Muslim League S.A Khaleque and the sun of Monem Khan Md. Khoshru attacked and fired the procession with their team.” Did any person die or injure at that attack of firing?

Witness: I don’t know. We fled away.

Defence: Can you mention the date and time?

Witness: It was the incident of 1969. I can’t remember the time and date.

Defence: You sais in your statement, “the present Mirpur Stadium was an open field at that time. The meeting of Kaiyum Khan washeld there. He was the chief guest of that meeting. That meeting was filled with the supporters of Jamaar Islami and Biharies. Now, Can you say the date of that meeting?

Witness: That meeting was held in1969. But, I can’t remember the date and time.

Defence: You said, you were arrested, case was filed against you and, at last, you were released. Can you mention the number of that case?

Witness: I don’t know the number of that case.

Defence: Is the candidate of Anjumane Mehjarin alive?

Witness: I don’t know. Only God knows!

Defence: You said, through the way of the ‘Osohojog (non-co-operation) movement’, the birth of historical 7th March occurred. And Bangabandhu declared in his speech of 7th March, to free the people of this land from enemies.

Now say, who were those enemies? Peoples who wanted to destroy the culture and tradition of Bangalies, were they the enemies?

Witness: I’ve clearly stated, those enemies were the Pakistani Khansenas, their agents residing in this land, in whose hand 30 lacs innocent people lost their lives, lachs of mother and sisters lost their chastity.

Defence: You told, “We arranged meetings at the ‘Avijatrik Drug House’ of Dr. Sheikh Haidar Ali, who was the Senior Vice Chairmen of Awami Jubo League.” When was your last meeting there in 1971?

Witness: Not in 1971, but in 1969, we arranged meeting there.

Defence: When was the last meeting?

Witness: I don’t remember the date.

Defence: After 25th March, where, when and how did you go and stay, this information nobody knew, besides you and God.

Witness: All I’ve stated clearly in my statement.

Defence: On 26th March 1971, the Pakistani Army burnt and destroyed everything. Am I correct?

Witness: At 8 am of 26th March I got out from the club house and saw that there was fire and fire belonging to the houses of Bangalis all around Mirpur. The Pakistani Armi, Jamaat-e-Islami, Biharis and also the accused of this case Quader Mollah actively took part in that destruction.

Defence: After getting out from the club house, did you reach your home?

[Then Prosecutor started to tell something, but the learned Justice (Chairman) and defense counsel forbid him to interfere.]

Witness: I couldn’t go to my home. I flew away where my two eyes directed.

Defence: Mr. Mohammad Ali, closeyour mouth.

Prosecutor: I am trying to draw attention of learned Justices.

Defence: What is the distance between Club House and Nawab Bagh?

Witness: Half an hour walking distance.

Justice (Chairman): He is asking to know, after how much time were you chased.

Witness: After hardly 15 minutes.

Defence: How much time did it take to reach the bank of Turag from Nawab Bagh?

Witness: Hardly 10 minutes.

Defence: How did you pass the river?

Witness: By swimming.

Defence: After passing river, you reached to Banga. Was the adjacent village to Banga Chakuria?

Witness: Yes.

Defence: What was the distance between the bank of the river and Banga?

Witness: It took about one hour to reach.

Defence: Then you went to Sadullahpur. How much time did it take to reach there?

Witness: About 20/25 minutes.

Defence: When was the time?

Witness: Most probably, in the afternoon.

Defence: You stated in your statement, “after reaching Sadullah pur, I came to know that, my father, grandmother and cousin brother were sitting under a tree.” Who gave you that information?

Witness: I’ve stated earlier, there was a rush of numerous people. Anyone of them could have given me the information. How can I remember the name of that specific person today?

Defence: Where you heard that, how much time did it take you to reach them from there?

Witness: About 15/20 minutes.

Defence: Was that on western side?

Witness: I can’t remember on which side!

Defence: You said, “I was a student leader at that time. Through my identity, the local people gave them shelter at the ‘Ghutnighar’.” Was it at Banga or Sadullahpur?

Witness: Sadullahpur.

Defence: You didn’t stay there. After meeting them, you started to move to another side. Isnt that the case?

Witness: Yes, after meeting them, I went away.

Defence: With you, there were Dr. Zakaria, Ratan and famous TV and film actress Shahara Banu. Where did you go?

Witness: At a house of Banga.

Defence: We’ve taken it that these incidents were of 26th March. Now, how long did you stay at that house?

Witness: About one week.

Defence: Certainly there were family members at that house. Who was the owner of that house?

Witness: They gave us shelter, this was much for us. If I knew then that one day I would have to come this tribunal to give witness, then certainly I would keep in my memory the name and father’s name of the owner!

Defence: Where did you go from there? Who was with you?

Witness: I told you, my elder brother came to ‘Banga’ tracing me. He took me in a boat of wooden materials and started for Dhaka.

Defence: Who were with you?

Witness: Father, grandmother and cousin brother.

Defence: When did you start? When did you reach Rayerbazar?

Witness: We started at noon and reached Rayerbazar at evening.

Defence: From there you returned at Nazira Bazar at your auntie’s home which was situated beside the home of former parliament member, Mr. Hanif.

Witness: No, I stayed some days at the home of my elder brother’s father in law in Rayerbazar.

Defence: This information is absent in your statement.

Defence: How long did you stay at your aunt’s home?

Witness: About 2 weeks

Defence: Then your grandmother took you to the home of Mr. Fazlur Rahman at Gopibagh. How long did you stay there?

Witness: Some days. I can’t even remember the approximate date!

Defence: When staying there, you decided, where you would go. And, started to India with Mulluk Chand, Bodi and others. Am I correct?

Witness: Yes.

Defence: How many people were there?

Witness: With Mulluk Chand and Bodi, we were about 10/12 people.

Defence: Can you remember the date of entering India?

Witness: I can’t remember at this moment.

Defence: How did you go India from Gopibagh?

Witness: Passing the way of Narshingdi, Comilla and from Demra, Dhaka.

Defence: On foot, or by vehicle?

Witness: By 11 number vehicle! [that means on foot]

Defence: How many days did it take to reach Agatala from Dhaka?

Witness: We had to go taking rest and stopping on the way. It took about 2 ½ to 3 days.

Defence: I think, after entering India, you got assurance that now there is no chance of attack of Pakistani Army or Rajakars. Now, after entering India, where did you report first?

Witness: At Agartola Transit Camp.

Defence: How long did you stay at Agartola Transit Camp?

Witness: 8/10 days.

Defence: Then, where were you sent?

Witness: When we were at Agartola Transit Camp, we came to know that, our friends are taking training in Melaghar. Then we started to Melaghar on our own initiative.

Defence: At Melaghar, you met Major Khaled Mosharraf and Major Hayder. They arranged your training and residence. Wasn’t it?

Witness: Yes, it was.

Defence: In which district is Melaghar?

Witness: In the Province of Tripura.

Defence: How long did you stay there?

Witness: We took training there. I can’t remember the time period. We took training for one month.

Defence: Then, in which side were you directed?

Witness: I was appointed as the commander of 12, 13 and 14 number platoon.

Defence: Were you the commander of all these platoons?

Witness: Yes, I was.

Defence: What direction did Major Hayder give you?

Witness: There were some directions which I can’t disclose here. Our main technique was ‘to hit and run’.

Defence: That means, considering the situations, you were directed to make decisions.

Witness: Yes.

Defence: From there, when did you enter in Bangladesh?

Witness: After completion of training, at the end of October.

Defence: How many members were there with you in platoons?

Witness: Approximately 39/40 trained members in India along with numerous local members.

Defence: You said, along with the ‘Mama Bahini’ you entered Bangladesh at the end of October. You continued a good relation with all, so all called you ‘Mama’. Am I correct?

Witness: Yes. One nephew called me ‘Mama’. Hearing it, all started to call me ‘Mama’. And, my group also became known as ‘Mama Bahini’ following that name.

Defence: To start operation, where did you take position first at Mohammadpur or Mirpur?
Witness: To attack Mohammadpur area, we took position beside Mohammadpur area.

Defence: From that place, you continued your operations. Am I correct?

Witness: Yes.

Defence: Till 16 December, 1971, did you stay at the places like Basila, Ati, or more any other places?

Witness: We stayed at Basila, Ati, and also at the places near to those places. We never stayed in a specific place. We changed our places frequently.

Defence: In 1971, at the time of the surrender of the Pakistani Army, where were you?

Witness: I was near or beside Basila.

Defence: At that day, how many members were there with your force?

Witness: Along with the local fighters and trained 40 fighters, 150/200 members of different places were there.

Defence: What did you do on 16 December, 1971 with your company [he used the word ‘sango pango’]

Justice (Obaidul Hassan): Don’t say ‘sango pango’, say co-fighters.

Defence: Sorry, My Lord. Then, did you meet Major Khaled Mosharraf and Major Hayder?

Witness: At the evening of 16 Deccember, 1971, I met Major Hayder. I couldn’t meet Major Khaled Mosharraf as he was injured.

Defence: Did Major Hayder give any direction to you?

Witness: We didn’t have mobile phones like today. So I couldn’t communicate whenever I wished.

At that moment, the defense counsel prayed to adjourn the examination of witness till the session of afternoon. The prosecutor said he should carry on as the witness is ready to continue even though he is not well. The honorable Justices also told the defence to continue more 15 minutes. But, because of the reluctance of defense counsel, the Tribunal was adjourned till 2.00 pm.

The cross examination continued after lunch. Before that the prosecutor Mohammad Ali mentioned that deposition of PW2 (Syed Shahidul Haque Mama) instead of the words ‘bruised all over’ the words ‘hundreds of’ had been used.

The witness then said, 'My Lord, before the court is adjourned and my mind is diverted, I want to clarify my yesterday’s statement about the occurrence of 16 December, 1971 in Graphic Arts Institute in Mohammadpur.' Justice Obaidul Hassan responded by saying 'You don’t need to worry about that, your statement is already recorded.'

Justice A.T.M. Fazle Kabir : Mr. Ekramul, please come to the major part of the cross examination. You have enough moved around it. Now please make it specific.

Defence: My Lord, today I will make it very short. I have some personal problems and I also need to collect more documents. I will finish the cross-examination by tomorrow morning if you allow me.

Justice A.T.M. Fazle Kabir : You have enough time today, you can finish it.

Defence: According to your statement when you raided in Graphic Arts Institute and Physical Training Centre on 16 December, 1971, what were the position of Graphic Arts Institute and Physical Training Centre that time?

Witness: Graphic Arts Institute was in front of Physical Training Centre and it is still in same position.

Defence: When did you make that raid?

Witness: Around 5pm. Graphic Arts Institute was like a fort of the Pakistani Army.

Defence: In your statement you have said that you were fighting with the Pakistani Army. What was the duration of this fight?

Witness: Near about 1 hour. Then the Pakistani Army started to retreat. They divided into two groups. One group went through the Mohammadpur colony and got mixed with the Bihari and the other group fled to Mirpur.

Defence: What was the distance between Graphic Arts Institute and Mirpur?

Witness: It would take half an hour by private car at that time.

Defence: Did they leave their arms and uniforms and go in disguise?

Witness: We found so many arms and cloths scattered here and there but I don’t know whether they went in disguise or not.

Defence: When you were fighting with the Pakistani Army and in one point the Pakistani Army surrendered, there were other freedom fighters in Dhaka in several places including Mirpur.

Witness: Yes. There were many freedom fighters ready to fight.

Defence: When you entered into Graphic Arts Institute, how many co-fighters (freedom fighters) you had with you?

Witness: Around 70 to 80 freedom fighters were with me.

Defence: When you entered inside Graphic Arts Institute, how many Pakistani Army soldiers id you found alive or dead?

Witness: We did not find any dead body of Pakistani Army. We found the dead bodies in many rooms of the greatest intellectuals of our country who were killed on 14 December, 1971 in ‘Rayerbazar Baddhovumi’ (Place of execution).

Defence: How long do you stay there (Graphic Arts Institute)?

Witness: We settled down there after that.

Defence: How many of you spent the night there?

Witness: We got settled there and made all the preparation for camping including security.

Defence: Did you inform Major Haider about your raid and what happened afterwards?

Witness: Yes, we informed him. We saw arms and dead bodies, people screaming for their family members who were killed by the Pakistani Army and Rajakar, Albadar and Al-shams. Someone was crying for a lost father and someone was crying for a lost son.

Defence: Did you stay in the camp (Graphic Arts Institute) from 16 December 1971 to 31 January, 1972?

Witness: We had our camps in other areas in Mohammadpur and Mirpur as well including Graphic Arts Institute.

Defence: You said in your statement that later on (after the raid in Graphic Arts Institute) you went to Mirpur Bangla College and saw that hundreds of dead bodies were lying here and there. What was the date?

Witness: Most probably it was 17 December, 1971 when we went to Mirpur Bangla College and found dead bodies in the yard.

Defence: In your statement you mentioned two significant incidents. One was the murder of Poet Meherunnesa’s mother and brother in Thataribazar and the other was murder of Pallab in Muslim Bazar. You said that the date was probably 5 April, 1971. Can you tell me where this Thataribazar is? Is it in old Dhaka or in Mirpur?

Witness: It is behind the residence of our honourable President.

Defence: What was the distance between Muslim Bazar, Mirpur and Thataribazar, Old Dhaka?

Witness: It would take one hour to go by Taxi at that time.

Prosecutor Mohammad Ali : My Lord, the witness gave clear statement that they (Poet Meherunnesa’s mother and brother and Pallab) were taken by the Pakistani Army on 29 March, 1971 and were killed on 5 April, 1971. The defence should clarify the question.

Defence: (Prosecutor Mohammad Ali ) You should stop interrupting and influencing the witness and let him answer freely. I just quoted his statement.

Justice Obaidul Hassan : Mr. Mohammad Ali, please have patience.

Defence: Is there a mosque called Nur-i-mosque in Muslim Bazar?

Witness: Yes. It is known as the ‘Eidgah’ (a place where the muslim say their prayer together in Mohammedan festival).

Defence: The residents of that area (Muslim bazar) is mostly Bihari.

Witness: Yes.

Defence: The two significant incidents you mentioned in your statement (about torturing and killing Poet Meherunnesa’s mother and brother and Pallab), have you seen them with your eyes?

Witness: I have heard them from the people of ‘Kafela’ (group of people gathered to make a journey). If I had seen those incidents I would not be alive to give witness here today.

Defence: From whom you have heard about the incidents?

Witness: I have heard the incidents from the people of ‘Kafela’ and from people I knew. I did not have a notebook with me so that I could write down the name of those people (shouting).

Presecutor Mohammad Ali : My Lord, the situation of 27 March, 1971 should be mentioned in the record of cross examination.

Justice A.T.M. Fazle Kabir : Please calm down. We all know that what was the situation on 27 March, 1971.

Defence: (To PW2) You did not hear about the incidents from your known people.

Witness: I have heard them from both people I knew and people from the ‘Kafela’.

Defence: How many times you have been to Mirpur in between 16 December,1971 to 31 January, 1972?

Witness: I have been there several times. Whenever I wished I went there. Whenever I was reminded about the torture and oppression of the Pakistani Army and their co-operators, I went to Mirpur. Please don’t make me excited by reminding about those bloody-days. When I remember what the Bihari used to say that we made Bangladesh in nine months and they would make it Pakistan again.

Defence: My Lord, I am not feeling well today. I want to finish here for the time being. I will finish the cross-examination tomorrow morning.

Prosecutor Mohammad Ali: My Lord, I strongly object about this non-relevant delay because the witness is badly injured.

Witness: I want to show the defence lawyers my leg which is bleeding now. I am so sick that it is difficult for me to keep standing for long time. If the tribunal guarantee the safety of my leg, I can keep standing for indefinite time.

Justice A.T.M. Fazle Kabir : Ok, we will consider both side’s problem. Mr. Ekramul, you have to finish by 12pm tomorrow.

Witness: There are many untold things which is not inscribed in the history. During the liberation war when the Bihari used to sing loudly, to give them proper lesson we used to write Bangla song and sing them to awake the Bangalis in the month of Holy Ramadan.

Defence: My Lord, we have a video clipping which we want to show tomorrow. So we need the required arrangements in this room.

Justice Shahinur Haque : Have you submitted it before?

Defence: The date of submission is tomorrow and again tomorrow is the next hearing. Justice A.T.M. Fazle Kabir : You have to submit it first and then the arrangement will be done. So, the next hearing is tomorrow at 10:30am.

In the afternoon, following the cross examination in the Chowdhury case, the tribunal considered the case involving a man called Mobarek Hossain - accused in a case which has been transferred from the magistrate court to the International Crimes Tribunal. The accused is a resident of Brahmanbaria, and a case has been filed against him for the murder of a freedom fighter during the Liberation war. This case was filed in the Brahmanbaria magistrate court at a time when the Tribunal was yet to be established. Then when it was found that this case was related to war crimes it was transferred to the ICT by the Magistrate Court.

Prosecutor: My lord, there are total 640 cases has been filed all over the country among them on the basis of priority there are four cases now in the hands of investigation agency.

Chairman: Did you assign investigation Officer?

Prosecutor: Investigation officer will be assigned on Sunday.

Chairman: Let us to consider the merit of the case. There is a complaint petition, we have to see whether ICT is applied here or not and Mr. Shahjahan please (defence counsels) read out from page 4 of the petition.

Defence: During the Liberation War Mubbarak Hossain along with the Paksitan army abducted Abdul Khalek a freedom fighter and detained him in an Army camp. After that on the bank of Titash River he was fired on and killed.

Chairman: Now, you will say whether this case falls under the crimes of Genocide or Crimes against humanity or not?

Defence: No, it does not come under the purview of genocide and crime against humanity. This is basically simple murder. My lord, I have already surrendered to the High court Division and they granted me bail.

Chairman: Please read out section 3 of the ICT and tell us whether it falls under the scope of crime against humanity or not?

Then the defence counsels S.M Shahjahan read out section 3.

Chairman: Now answer please, the person who has been killed was the civilian or not?

Defence: Yes, he was the civilian.

Chairman: Whether it is the violation of domestic law or not, it does not matter. So, it comes under the purview of 3(2) (a).

S.M shahjahan: But, my lord till today I am not the accused of the case and I have submitted my bail application on 4.06.12 but Investigation has not been started yet. If I had an ulterior motive then I would never surrendered to the court and there is no progress of the case.

My lord, onus (burden of proof) lies upon the prosecution also to justify the case. So, onus not only lies upon me but also the prosecution. My lord, why they also have filed this case after the 38 years later? During the liberation War, he was only 15 years old. There is no such thing which restrained me to submit bail petition.

Justice Zaheer: Now, the accused is in custody. But the investigation has not been started yet. If this person has not been accused under the Tribunal then how can the tribunal detain him!

Prosecutor: Among the 640 cases there are four cases now at the investigation agency on the basis of priority. These cases are either CR or GR case and all these are related to the loot, arson, confinement, murder etc. And Tribunal has no authority to transfer the case to magistrate court.

Justice Zaheer: In this case complaint has been made under sec. 200 of the CrPc; FIR has been filed under section 154 of the CrPc, investigation has been done under section 173 of the CrPc, all these are relating to the CrPc not to the ICT. Mr. Malum just tells us, under what authority we will detain him. He is not accused under the ICT.

Chairman: Is there any serial number that has been given by the Investigation agency. We have told you to give serial number of the register. Rules have been framed on 2010 and this case has been transferred on 31.10.11 at the hand of deputy register to give it to the investigation agency and then why the serial number is not given? Mr. Malum just say whether he is under our custody or not?

Prosecutor: Yes, he is impliedly under our custody.

Chairman: If we grant bail please tell us under what case we will do it. Without a miscellaneous case number there is no case before us, we cannot grant bail in regards to the case filed as CR or GR case.

Justice Anwer-ul-Haq: Until or unless cognizance has been taken by tribunal, we cannot delete section 302 of the Penal Code.

Chairman: If we grant bail - in which ground or case we will grant it and who will give us the security bond?

S.M shahjahan: My lord, his lawyer will give the security bond.

Chairman: In which court.

Defence: My lord, before you.

Justice Anwerul-haque: In case of High Court Division, we are giving bail on miscellaneous case by saying that miscellaneous case no. 2 or 3 or whatever, it is out of GR or CR case no.

Prosecutor: It will not be fair to grant bail in such a stage of the Tribunal. Investigation officer will be assigned on Sunday.

Justice Zaheer: Okay then tell me under what authority or custody he will be in jail from today to next Sunday? And another thing is the investigation agency at any stage of the investigation if found nothing have the authority to reject the case.

Chairman: Will you give a number of complaint register on Sunday.

Prosecutor: Yes My lord, I will.

Chairman: Okay, then it will be easier for us to give any Order by referring the case number in the Order Sheet. I want to write it safely so that we have the Jurisdiction.

The hearing started with Ahsanul Huq, the defence counsel continued his cross examination of Nirmal Chandra Sharma who is the sixth witness in the Salauddin Quader Chowdhury trial. This followed on from the previous day

Defence: Whether you have stated the fact of watching Mr. Salahuddin Quader Chowdhury at the place of incident to your brother Bimol.

Witness: I didn’t think it necessary.

Defence: What is the name of your Grandfather?

Witness: Rosik Chandra Sharma.

Defence: How many sons did he have?

Witness: 2 sons. My father and Onontokumar Sharma.

Defence: Whether you have gone to each house of your area on the day of occurrence.

Witness: No.

Defence: State some names, of whose houses you have gone to on the day of occurrence.

Witness: Dr. Motilal Sharma, Dr. Makhonlal Sharma, Porimal Sharma.

Defence: At that time who were present in those houses?

Witness: As the name above mentioned were all present with their families.

Defence: How many sisters do you have?

Witness: 1 sister, who is my deceased nephew Dulal’s mother.

Defence: There were so many Muslim doctors near your house at Gohira, Choumohoni. State some names.

Witness: Yes there were. One of them was Dr. Firoj Ahmed.

Defence: Whether you have taken your injured father to Dr. Firoj Ahmed?

Witness: His wound has already been healed and dried up, so I didn’t think that necessary to take him to Dr. Firoj’s chamber when returning after Liberation.

Defence: Whether you have taken him to Dr. Tailor’s Hospital?

Witness: No. He was crippled and old, so we didn’t think it wise to move him.

Defence: I say, that your father was not that much injured, so you didn’t take him to the Hospital or Doctor’s chamber.

Witness: Not true.

Defence: Do you know Daru Mia was supporter of which party?

Witness: He was a farmer and he has not any specific choice about any political party.

Defence: Can you say, which political party did the residents of Mr. Ali Chowdhury support?

Witness: I don’t know.

Defence: Have you ever tried to find out since 1971 till no who had announced the news of the formation of Peace Committee from the Microphone of the Mosque?

Witness: No.

Defence: Can you say when the Peace Committee has been formed at Raujan.

Witness: No. But I can assume, as the announcement came out on 13th April, 1971, so the Committee has been formed before that time.

Defence: Who was the President Secretary of this Peace Committee?

Witness: I don’t know.

Defence: There was no announcement from the Mosque. You are giving false statement by the words of the Investigation Officer.

Witness: Not true.

Defence: There was two stage of Bijoy Mela at Chittagong. From which stage you have given your announcement as you have mentioned earlier?

Witness: I have announced from the stage from where the wordings of Bangabandhu Sheikh Mujibur Rahman was being announced.

Defence: I say, the sound of the Mosque cannot be heard from your distant area.

Witness: Not true.

Defence: You have given your statement at the Chittagong circuit house instead of at your village house, just in order to avoid your brother Bimol, who might have given true statement.

Witness: Not true.

Defence: The statement of brushfire over you on 13th April, 1971 is a false one.

Witness: Not true.

Defence: The statement of Brushfire over you and the fact that you are miraculously alive is a false statement.

Witness: Not true.

Defence: Whether you have gone to Daru Mia to express your acknowledgement for saving your life?

Witness: I have met him several times after the liberation, but I have not gone to his house.

Defence: On 13th April and afterwards no houses of your area has been burnt by Pakistan Army.

Witness: Yes.

Defence: Whether yours and your Uncles’ houses have been looted by the Pakistan Army?
Witness: I don’t know.

Defence: Whether your houses been looted by the people of the locality?

Witness: The Pakistan Army didn’t take anything but the house has been looted afterwards, I don’t know whether it has been done by the local people or not.

Defence: Whether you have stated to Daru Mia that you have seen Salahuddin Quader Chowdhury at your house on the day of occurrence.

Witness: No.

Defence: When you have joined at the Chittagong Bar Association; then who was the President of the Chittagong Bar Association?

Witness: I can’t recall.

Defence: You don’t have any courtyard in your house.

Witness: Not true.

Defence: The statement of the killing of your mother- brother- nephew and uncle is a false statement.

Witness: Not true.

Defence: You were not in the country at that time so your miraculously being saved from the shots of Brushfire is a false statement.

Witness: Not true.

Defence: Your father and your Uncle- Makhonlal were not injured from the incident?

Witness: Not true.

Defence: On 13th April, 1971- your father, mother and brother were present at the house and you your nephew and your brother were in India.

Witness: Not true.

Defence: Your Bimol might have given the true statement so you did not bring him to the Investigation Officer.

Witness: Not true.

Defence: To make an obstacle on the pathway of Mr. Salahuddin Quader Chowdhury to attend the parliament a false case has been set up by an evil minded group by using you,

Witness: Not true.

Defence: You are giving false statement on the hope thatyou will receive a lot of rewards from the Government.

Witness: Not true.

Defence: There was no occurrence on the so called place on so called time- by the so called means.

Witness: Not true.

Defence: That’s all about the cross examination of this witness.

Justice Nizamul Huq passed order (summary)

Accused Salahuddin Quader Chowdhury has been produced before the Tribunal by the Prison authority. Today is fixed for recording the remaining part of the cross examination of PW-6. The recording has been completed in the fixed time. We want to mention that yesterday we have allocated 1:30 hours to the counsel to complete the matter and today within 1 hour the cross examination has been over.

Cross Examination of the second prosecution witness giving evidence, Syed Shahidul Haque Mama, in the trial of Quader Molla was undertaken by the Defence lawyer Ekramul Haque. The witness's testimony was given in the morning.

Justice A.T.M. Fazle Kabir said to the witness that the Defence may ask you many questions, but you should not be upset about it and please answer them properly.

Defence: The house that you mentioned you have in Mirpur, tell me the house number.

Witness: I have clearly mentioned it in my statement. The house number is 1/b, 1/16

Defence: You said that you were a student of class seven in 1971 in Mirpur Bangla High School, how old you were that time?

Witness: I did not say that I was a student of class seven. I said I was a student of Mirpur Bangla High School. Why don’t you do the counting of my age? My date of birth is 1/10/1953 or 54.

Defence: From 1962 to till now you are living in your house in Mirpur.

Witness: No, my brother lives in the house. I live abroad with my family.

Defence: From which year you are not living there?

Witness: From 1986, when my father died I left the house and the country.

Defence: None of your family member stay in your house in Mirpur

Witness: Yes. My son and daughter, all my family stay abroad.

Defence: As you lived there for long time, most of the people must know you by your name

Witness: Yes and by this time the whole world knows me.

Defence: From where did you pass S.S.C (Secondary School Certificate)?

Witness: In 1969 I was a S.S.C candidate from Mirpur Bangla Medium High School but could not appear in the exam. I passed S.S.C in the next year from the same school.

Defence: Where did you get admitted after that and when and from where did you pass H.S.C (Higher Secondary Certificate) ?

Witness: I got admitted in TNT College. I passed H.S.C from that college in 1972.

Defence: Then where did you do your BSC or BA?

Witness: In Dhaka University in 1973 as a student of Department of General History.

Defence: Were you staying in the hall as a residential student or you were staying in your house?

Witness: I stayed both in hall and in my house. I was a residential student of Mohsin Hall.

Witness: I could not complete my honours because of political rivalry.

Defence: What was the duration of the course?

Witness: 3 years.

Defence: Did you join anywhere after that?

Witness: Yes. I joined Bangladesh Biman in 1976.

Defence: How long did you work there?

Witness: Till 1986.

Defence: After 1986, you have started living abroad with you family

Witness: Yes.

Defence: Have you come to Bangladesh with Swedish Passport?

Witness: Yes.

Defence: When did you come to Bangladesh this time?

Witness: Probably on 26 January, 2012.

Defence: Have you come alone?

Witness: Yes.

Defence: The house you mentioned in Awlad Hossain Lane, do you still have it? Where are you living after coming to Bangladesh?

Witness: Yes, we still have that house. I am living in Rupnagar in my own apartment.

Defence: When you came to Bangladesh, have you met with your relatives and neighbours?

Witness: Yes.

Defence: When you were living in Mirpur, what was the proportion of Bangali and Bihari in that area that time?

Witness: 90% of people was Bihari and 10% was Bangali.

Defence: In 1969 to 1970 there were several political parties in Pakistan and Awami League was one the biggest parties. The other parties were – Jamat-e-Islami, Convention Muslim League, NAP (Vashani), NAP (Mojaffar), Communist party etc. right?

Witness: Yes.

Defence: The political party of the Bihari called ‘Anjumane Mohajin’ was established in 1970.

Witness: I did not say that and I don’t know when it was established.

Defence: My Lord, I am very sick today and for me it is difficult to proceed now.

Witness: My Lord, I object the fact that Jamat-e-Islami was the second biggest political party of that time. I did not fight to leave the country, my homeland, the country of my dream but i was bound to leave my country.

Justice A.T.M. Fazle Kabir : No, Ekramul Haque did not say that. He just named the political parties.

Witness: Then its ok.

Justice A.T.M. Fazle Kabir: As Prosecutor Witness 2 (Syed Shahidul Haque Mama) and Defence lawyer Ekramul Haque both are sick, the court is adjourned here today. The next hearing will be tomorrow morning at 10:30am.

Witness: No, they are not alive. My father was a famous Lawyer, Sayed Atharul Haque.

Prosecutor: Will you give the short historical background of your grandfather?

Witness: My grandfather is late Kaji Abdul Haque. He was a Judge under British Government.

Prosecutor: What is your mother’s name?

Witness: Late Sayeda Kashmiri Begum. My grandfather’s immediate younger brother was Khan Bahadur Ajijul Haque. He was an SP in British period. He was the inventor of the finger print. As a result, the British Govt gave him the ‘Khan Bahadur’ rank. My father in law was also a famous Lawyer named late Mir Md. Khijir Ali belonging to a renowned family.

Prosecutor: Before 1960, where was your paternal residence?

Witness: At Sayed Awlad Hossain Lane.

Prosecutor: Where did you start to live from 1960?

Witness: In the decade of the 1960’s, my father became the resident of Mirpur, Dhaka.

Prosecutor: State about your school life before 1960?

Witness: I started my school life from San Francisco School which was opposite to Lakshmibazar.

Prosecutor: After coming to Mirpur?

Witness: I was admitted to Mirpur Junior High School. It became known as Bengali Medium School subsequently. Many remembrances are connected with this school as here Bangla language was practiced.

Prosecutor: Did you participate in any movement in 1962?

Witness: Yes, I participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962.

Prosecutor: State about the movement of 1966.

Witness: There was a movement in 1966 for the demand of 6 items. I participated in that movement. That movement was Bangalies’ demand for life.

Witness: At first the movement demanded 6 items, then the students’ movement demanded 11 items – the main sight behind both these movements were the confinement of the hero of history under the conspiracy case of Agartala.

Defense Counsel (Ekramul Haque): My Lord, I am sorry. My learned friend is thinking that I understand nothing. His way of questioning is not correct.

Prosecution Witness (Sayed Shahidul Haque Mama) told angrily, you have come as the agent of Rajakars of 1971, but I have come here in response of my conscience.

Prosecutor (Mohammad Ali) cooled down and told to say his statement.

Witness: By keeping 6 items’ and 11 items’ in front, we participated in movements. We went in front of Beauty Cinema Hall of Mirpur with procession. Then the leader of Muslim League S.A Khaleque and the sun of Monem Khan Md. Khoshru attacked and fired at the procession with their team.

Witness: Anjuman Mahzarin was the pioneer and Jamaat-e-Islami was the abettor.

Prosecutor: Then, what happened?

Witness: The present Mirpur Stadium was an open field in that time. The meeting of Kaiyum Khan held there. He was the chief guest of that meeting. That meeting was filled with the supporters of Jamaat-e-Islami and Biharies. Kaiyum Khan announced taking microphone, “Sheikh Mujib gaddar hai, Pakistan ka dushman hai”.

Prosecutor: Then?

Witness: Hearing that announcement we attacked the stage and took away the microphone.
Prosecutor: Then what was the reaction?

Witness: Me along with my companions was beaten severely. My comrade Amir was thrown to nearest dustbin after beating. Then I was carried to Mirpur Thana, they beat me and told, “Say, Joy Bangla!” I also told, “Joy Bangla!”. Their torture was getting harder. Again they told, “Will say Joy Bangla?”. Yet I told, “Joy Bangla!”.

Prosecutor: Say about fall of Ayub Khan.

Witness: Fire of aggression was lighted all over the country and the autocracy of Aiyub Khan was fallen down.

Witness: After falling down the autocracy of Aiyub Khan, came another autocrat ruler Yahya Khan.

Prosecutor: At that autocrat ruling what was done against you?

Witness: After beating me, a false case was brought against me at Thana.

Prosecutor: Then what happened with you at that case?

Witness: I was released without any charge. And, the people who gave evidence in favor of me, almost all of them were killed at the horrible night of 25th March. Quader Mollah of Jamaat-e- Islami, Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and their Bihari and Jamaat-e-Islami followers, who were the sons of same mother, confined and killed them.

Prosecutor: Say about the election of 1970.

Witness: At the election of 1970, Bangabandhu nominated his favourite Mr. Advocate Jahir Uddin as a candidate of National assembly and Dr. Mosharaf Hossain as a candidate of provincial assembly. I begged him to vote before door to door in favor of these leaders selected by Bangabondhu.

Prosecutor: Who was the opposition of that election?

Witness: The notorious leader of Jamaat-e-Islam, Golam Azam was the opposition containing the symbol of ‘Dari-Palla’.

Prosecutor: Was there any other candidate?

Witness: In favor of Anjuman Mahzarin of Mohammadpur mirpur area – Dewan Bara Chand was the candidate containing Elephant symbol.

Prosecutor: Did he participate at last?

Witness: He canvassed for the election, but at last he rejected his nomination paper and worked in favor of Golam Azam.

Witness: My Lord, the name what I am pronouncing again and again, Kader Mollah along with the followers of Jamaat and Biharies, declared those slogans with cheer.

Prosecutor: What was your slogan?

Witness: Our Slogan was only one - “Tomar desh amar desh, Bangladesh, Bangladesh. Joy Bangla!” Oh! There was another Slogan of Kader Mollah and his followers – “Kaha tera Bangladesh? Tamasha dekh, Dhamaka dekh!” Actually they had a plan, after the genocide of the night of 25th March, they gave this Slogan.

Prosecutor: Say about the speech of 7th March of Bangabondhu.

Then the Defense Counsels objected loudly that the Prosecutor is bringing the information by licking. He is referring every first word of every sentence. The tempered witness better know than him.

Witness: Through the way of the ‘Osohojog (non-co-operation) movement’, the birth of historical 7th March occurred.

Prosecutor: Then, what happened?

Witness: In the presence of millions of people, Bangabondhu Sheikh Mujibar Rahman gave us the direction.

Prosecutor: What was the direction?

Witness: Bangabondhu declared, “the struggle this time is for our freedom! The struggle this time is for our independence! Remember, since we have learnt to giveblood, we shall give more of it- we shall free the people of this land by the grace of Allah. At that day, it was fixed who were the friends and who were the enemies.

Prosecutor: Then, what did you do?

Witness: By getting the clear instruction from Bangabondhu, to prepare for the participation of the Liberation war, we started to collect arms and arranged meetings. We arranged meetings at the ‘Avijatrik Drug House’ of Dr. Sheikh Haidar Ali, who was the Senior Vice Chairmen of Awami Jubo League.

Prosecutor: Then?

Witness: 23rd March was the Republican day of Pakistan. The Pakistanis and their followers were making cheers by flying moon and star marked national flag of Pakistan. Quader Mollah was present physically in that celebration. We the Bengalis tried our best to fly the flag marking map of Bangladesh. At the highest pick of water Tank of Mirpur, I climbed by stair and flew the flag of Bangladesh by removing Pakistani flag.

Prosecutor: Where were you on the night of 25th March?

Witness: They were waiting to take revenge after the incidence of 23rd March. At the Operation Search Light of the night of 25th March, Jamaat-e-Islami and the Biharis actively took part.

At that night, I along with my friend took shelter at the club room of Bangalis beside the Mazar of Shah Ali, Mirpur. Their genocide crossed the grievance of the genocide of Rwanda. They killed people without any mercy.

At 8 am of 26th March I got out from that shelter and saw that there was fire and fire all around Mirpur. Then I thought that, at first I would go home to freshen up and then I would leave. After reaching D block of Mirpur – 1, I watched crowd of Biharis and they were celebrating. After watching us, they shouted “Pakraw, pakraw”. When I was near to them, Kader Mollah and his companions, the name of whom I stated earlier, louded “Shahid Agaya, Shahid agaya!”.

Prosecutor: Is your name Shahid?

Witness: Yes. Then I was running away and they ran after me. Then, after passing Nalbagh, I crossed the small river Turag by swimming which was near to my home and reached the other side. On that side, I reached Sadullapur crossing Kakulia. On the way, I came to know that, my father, grandmother and cousin brother were sitting under a tree.

Prosecutor: Then what did you do?

Witness: All persons were fleeing away. There were people all around. At the time of passing river I watched the dead bodies floating on the water.

Prosecutor: Then?

Witness: Then I met my father and grandmother. The members of a famous family took shelter under a tree! I was a student leader at that time. Through my identity the local people gave them shelter at the ‘Ghutnighar’.

Prosecutor: What is ‘Ghutnighar’?

Witness: This was a place where weekly bazaar was placed.

Prosecutor: Then?

Witness: I took shelter at ‘Banga’ with Dr. Zakaria, Ratan and famous TV and film actress Shahara Banu.

Prosecutor: What did you see on 27th March?

Defense Counsel (Ekramul Haque): Why he is asking mentioning date? This is not fair.

Witness: Two incidents are memorable to me specially. The first is, at 11am of 27th March, I got information that, the famous poet Meherunnesa and his two brothers were killed brutally and their dead bodies were cut into pieces.

Witness: Thataribazar of former Pakistan was the center of Hakka Gunda. Akhter Gunda and his followers took Pallab, in other word, Tuntuni, from that place and brought him to Muslim Bazar, Mirpur.

Prosecutor: Where was he brought?

Witness: At Muslim Bazar, Mirpur 12.

Prosecutor: Then?

Witness: His fingers were cut at that place.

Defense Cunsel (Tajul Islam): Mohammad Ali Bhai, you don’t go near to the witness. My Lord, he can’t be stopped in any way. Mind you business.

Prosecutor: I know my conduct.

Witness: Then he was hanged in a tree and after crossing all limits of brutality they killed him. Most probably it was the incident of 5th April, 1971

Prosecutor: Who occurred this incident?

Witness: Biharis and Quader Mollah with his followers.

Prosecutor: Then where did you go and what did you do?

Witness: My elder brother came to ‘Banga’ of Savar Thana tracing me. He took me and my father in a boat of wooden materials and started for Dhaka secretly. On the way I got down with my elder brother at Rayer Bazar. From there I returned at Nazira Bazar at my auntie’s home which was situated beside the home of former parliament membe, Mr. Hanif.

Prosecutor: After that, when did you reach the main place?

Justice: Why are you mentioning the key points of questions again and again?

Witness: As that place was not safe, my grandmother took me to the home of Mr. Fazlur Rahman at Gopibagh. After staying some days there, I started to India with Mulluk Chand, Bodi and others. And reached to Agartala passing Ramchandrapur and many other villages. After staying there some days, we started to Melaghar to take training. Melaghar was the Head Office of 2 no. sector, the leader of which was General Khaled Mosaraf and Majod Haydar. It was the guerilla training to participate in the Liberation War.

Prosecutor: What did you do at Melaghar?

Witness: We took special Guerilla training. Then Major Haydar was the second man of Pakistan Commando Battalion.

Prosecutor: Then what did you do?

Witness: The type of our operation was ‘Hit and Run’. We were directed to attack our enemies.

Prosecutor: Then where did you return?

Witness: To participate in front war against the Pakistani Army with the direction of Mr. Haydar, along with 12, 13 & 14 no. Platoon, we reached Dhaka and made our operation. After reaching Dhaka, I came to know that, my immediate brother was arrested and they gave the condition that, “Give us Shahid, then you will be released”.

Prosecutor: Who are ‘They’?

Witness: They are the Pakistani Army and Rajakars. On the other side, my elder brother was also taken to Dhaka cantonment. Then, Mr. Advocate Jahir Uddin, in whose favor I worked at the time of election of 1970 and who was my father’s close friend, went to Dhaka cantonment and released my brother.

Prosecutor: After that, what did you do at Dhaka?

Witness: When we were participating in front fight, most probably it was the end of October, in accordance with the direction of Major Hayder, we placed our centre at Mohammadpur and Mirpur along with the ‘Mama Group’ (I was the leader of ‘Mama Group’). And we had hidden at different places including Nosina, Ati and so on. We sought opportunities to attack the vehicles of Pakistani Army.

Prosecutor: Tell about your next activities.

Witness: On 16 December, 1971, along with approximately 93 thousand army members, the Pakistani authority surrendered.

The Graphic Arts Institute was the Head Quarter of Pakistani Armi. It and the Physical Training Institute of Mohammadpur, which were located on the way to Sat Masjid Road, Rayerbazar and were used as the torture centre of Pakistani Armi. We attacked there.

Prosecutor: When?

Witness: During afternoon to dusk. At the evening, when we attacked the Graphic Arts Institute, the Khansenas left that centre and mixed with the Biharies of Mohammadpur. The remaining members went away to Mirpur.

Witness: Though they surrendered on 16 December, 1971, but the Mirpur area became free on 31st January, 1972.

The Biharis, Khansenas and Rajakars were motivated and along with Islami Chhatra Sangha, they created the wall of prevention. They also flew the flag of Pakistan. They declared, “You brought Bangladesh within 9 months, we again turn it into Pakistan.”

Prosecutor: Who are ‘they’?

Witness: They are Quader Mollah, Biharies and Rajakars. They are Nijami, Ashraf, Golam Azam.

Witness: At the wall of the Graphic Arts institute, there were marks of blood.

Justice (Chairman): You have many memories. Please tell those, which are relevant to our current case.

Prosecutor: What happened at Mirpur then?

Witness: On 14 December, the intellectuals of our country were killed brutally. On 17 December, I saw their dead bodies at slaughter-house of Rayerbazar. There were eyes of men packed in sacks.

We dag soil and interred those eyes. Then, were searching for the assailants. The Biharis confessed subsequently. We arrested many of those assailants, who were hiding at Mohammadpur. According to their confession, we identified thousands of dead bodies within the bricks of slaughter-house of Rayerbazar. They were the best sons of the nation. And, there was the symbol of inhumanity of the Rajakars and Al-Badars. Subsequently we asked their relatives about that inhumanity. They replied, the Al-Badar took them bending their eyes.

I couldn’t be normal listening and hearing those miseries, those cruelties. Then I went to action at Mirpur. I saw dead bodies fallen scattered in the field of Bangla College.

Justice: was this incident of 17 December, 1971?

Witness: Yes.

Then I went to my home. There was a lake beside our home. I saw dead bodies all through the lake and stink spread from those dead bodies. In my home, there were no doors or windows. All elements were looted.

I can’t finish telling this story of brutality. The continuity of this brutality ran till 1975 when Bangabandhu was killed with his whole family, till the murder of 4 national leaders, till the attack to Sheikh Hasina on 21st August. I expect the exemplary punishment of the concerned assailants.

[At the moment of telling these, the witness cried for a while.]

Prosecutor: Could you identify Quader Mollah if he were in the dock?

Witness: (seeing to the dock) I am watching nobody there! Off course I could identify.

After that, the Defense Counsels prayed for 2 days to prepare for cross examination. The Tribunal, prosecutors and witness himself wanted to continue the issue today. The Tribunal was adjourned till 3.00 pm.

Defence: Look, you have said in the examination in chief that- ‘There was a resistance center of the liberation craving people to resist the Pakistan Army, which was situated at the north side of the Hat-hajari Thana Dighi- located under the Hat-Hajari Police Station, Rangamati Road- which is running towards the Chittagong District.’— You have not mentioned the matter to the Investigation Officer.

Witness: I can’t remember.

Defence: “On 12th April, 1971 the Pakistan Army has crossed the resistant center and reached the Hat-Hajari Bus Station. After getting the news we became very much puzzled.”—You have not mentioned this words to the Investigation Officer.

Witness: I can’t remember.

Defence: “After getting the news we became very much puzzled. After the Hat-Hajari Bus Station no resistant center was being formed. We have passed the 12th April, 1971 with a great anxiety.”—You have not mentioned the words to the Investigation Officer.

Witness: I can’t remember.

Defence: ‘On that night we were unable to decide where we would go for shelter. On the next morning mother said to us- “we don’t know where we should go, but take some rice before leaving the house.’—You have not mentioned this to the Investigation Officer.

Witness: Not true.

Defence: ‘At that time me, my brother Shunil Sharma, Nephew- Dulal Sharma, Father- Joyonto Sharma were taking preparation to have some meal before leaving the house. Right at that moment we have heard an announcement from the Mosque of Hanif Khondokar, which was situated at the north side of the Rangamati Road.’—You have not mentioned anything about this to the Investigation Officer.

Witness: Not true.

Defence: ‘After hearing this announcement we got some relief. In the mean time my elder uncle Jotilal Sharma who has left towards Hat-Hajari with family has returned home after listening the announcement.’—You have not mentioned anything about this to the Investigation Officer.

Witness: Not true.

Defence: From whom you have got the news that the Pakistan Army has reached?

Witness: I have heard about this at Gohira Choumohoni.

Defence: Have you met any respectable person at Gohira Choumohoni on that day?

Witness: I can’t recall.

Defence: ‘After that we all have started taking meal and my mother was serving the foods for us.’—you have not mentioned it to the Investigation Officer.

Witness: Not true.

Defence: ‘At the last stage of our meal, we have watched that- Salahuddin Quader Chowdhury along with the armed forces have arrived at our doorstep.’—You have mentioned it to the Investigation Officer.

Witness: Not true.

Defence: ‘Among those armed group one has confirmed that- “No worries, we will not kill you. Step out from the room.’—You have not mentioned it to the Investigation Officer.

Defence: A group of evil minded people had insisted and make you learn to say these words.

Witness: Not true.

Defence: ‘When I have just stepped down from my room, they have shouted at me- “Hands Up”. I have raised my hands. Three soldiers had come forward to me. Among those two were coming forward by triggering their guns.’—You have not mentioned it to the Investigation Officer?

Witness: Not true.

Defence: ‘Then I thought that- if I try to start resisting, in that case they will kill all of our family members and will burn our house. On that time my mother, fathers, brother, uncle, nephew all were crying loudly.’—You have not mentioned that to the Investigation Officer.

Witness: Not true.

Defence: When you were standing on the line who were standing on your left and right side?

Witness: I was standing at the north side of the line then Jotilal Uncle was standing next to me.

Defence: Whether you all were standing or sitting on the line?

Witness: At first we were standing after that on their instruction we have sat down on the line. My father was next to my uncle, then my mother was next, my nephew was at the lap of my mother, then my brother Sunil was sitting next to our mother and Uncle Makhonlal was sitting at his side and was shouting.

Defence: Where was the Pakistan Army standing at?

Witness: Next to 7/8 yards from us.

Defence: Whether you were sitting very closely?

Witness: Yes.

Defence: What was the distance between all of you?

Witness: I can’t recall.

Defence: For how many times they have shot down brushfires?

Witness: 2 times.

Defence: How many Army men were involved at Brushfiring?

Witness: 1.

Defence: Whether he has changed the Magazine?

Witness: I don’t know.

Defence: The statement of Brushfire by the Pakistan Army is a false statement.

Witness: Not true.

Defence: What was the duration in between the two sets of Brushfires?

Witness: I can’t recall, but it was not a long duration.

Defence: When you have returned home for the second time, whether you have watched the sign of bullets over the ground?

Witness: It was dark place, so it was not possible to watch that.

Defence: You, your brother and nephew have left toward India before the day of occurrence and stated false words about the invasion of the Army.

Witness: Not true.

Defence: Your father- mother and Uncle all have met natural death after the liberation war.
Witness: Not true.

Defence: So that you have not collected any death certificate from the Union Cpuncil Office.

Witness: Not true.

Hearing adjourned till the afternoon. Afterwards the tribunal continued with the same matter

Defence: Whether there was any person in your area who had seen Salahuddin Quader Chowdhury in your area on 13th April, 1971?

Witness: I cannot tell the name of any person.

Defence: In which side of the house is that of Jotilaal Shorma’s situated?

Witness: It is adjacent to my house and in north side.

Defence: He died naturally after the Liberation War?

Witness: It is not true.

Defence: Did you know whether his wife Pramila is living in that house or not?

Witness: She lived here but whether she is now living or not, I do not know.

Defence: What did Jotyilaal do?

Witness: Jotyilaal was a tailoring master.

Defence: How far a distance was the fence from the balcony of your house?

Witness: It is in North side and 10 to 12 yards distance.

Defence: In which side is the house of Makhon laal situated from your house?

Witness: It is adjacent to my house and situated in north side.

Defence: Were the house of you and the house of Jotylaal and makhonlaal situated in opposite.

Witness: No these were in side by side.

Defence: Whether there was any other house just opposite to yours?

Witness: No, there was no other house.

Defence: You have said about corridor, Would please tell me how long distance it was?

Witness: Yes, tt was 2 or 2 and half feet high.

Defence: You have said about a narrow road between you and the house of Makhon laal and Jotylaal. Would you please tell us the width of that corridor?

Witness: It might be 2 and half or 3 feet.

Defence: Did you see any advertisement on newspapers that the investigation agency is seeking those persons who have knowledge upon the Liberation war.

Witness: I do not know.

Defence: The way from Chittagong to your house was muddy path during the Liberation war.

Witness: Yes.

Defence: Pakistan Army came with a car and stopped before your house.

Witness: I did not see any car.

Defence: Did you see them when they were going back.

Witness: Yes, they were going back on foot.

Defence: They were coming to your house through the road.

Witness: They were coming from the west side and way back to the east side.

Defence: Who was beside you?

Witness: My uncle Joylaal shorma was with me.

Defence: Did Pakistan Army surround your house?

Witness: No.

Defence: Did you get any sound of firing and fighting while army coming to your house?

Witness: No.

Defence: In which business you were doing during the Liberation war?

Witness: I cannot say.

Defence: Have you seen that Pakistan army coming from the west and going to the east side?

Witness: Yes.

Defence: When did they leave your house?

Witness: After 10 or 15 minutes later

Defence: Who helped you to take your injured father inside the house?

Witness: No one since there was no person.

Defence: Where did you complete your S.S.C?

Witness: From Gahira High School.

Defence: Where did you complete your H.S.C?

Witness: I cannot say.

Defence: Where did you complete your Graduation?

Witness: From city College.

Defence: In which Year?

Witness: I cannot remember.

Defence: Did you go to the village Gorduara of Haathazari?

Witness: It was on 13th April.

Defence: Who lived there?

Witness: My Aunt (mother’s sister) was living there.

Defence: What was the name of your Uncle and Aunty?

Witness: I cannot remember at this moment.

Defence: Did you get the Inheritance certificate from the Union Council?

Witness: No, I did not get.

Defence: Did you go Gorduara on foot?

Witness: Yes.

Defence: When did you back to your house?

Witness: At 7 or 8pm.

Defence: Did you meet with Kaji Farid within those 9 months.

Witness: No.

Defence: Did you meet with Mr. Kristto son-in-law of Natun Chandra in India?

Witness: No, even I did not know him.

Defence: On 26. 8.2012, the Investigation Officer met with you.

Witness: I cannot say the date exactly.

Defence: How many times you have met with Investigation Officer?

Witness: Total three times.

Defence: Where did you meet with him?

Witness: I have met with him at the circuit house Chittagong.

Defence: You did not show that said place to the Investigation Officer.

Witness: Yes because I did not go to my village.

Defence: Nearghata is situated in which side of your house.

Witness: It is in the North-east side.

Defence: There was living and now there continues to live many Muslim people at the way to Rangamati to your houses.

Witness: Yes.

Defence: Did you tell the incident of 13th April to those Muslims?

Witness: I did not tell it anyone; they knew it as they had come to see our house at that time.

Defence: How many days later after that incident they came to your house?

Witness: After returning from India I heard that they had come to see my father.

Witness: Basically he was village doctor; he had a pharmacy in Khondokia market of Haathazari village.

Defence: Did you tell it to the Investigation officer that your uncle Makhon Laal Shorma was heavily injured.

Witness: I have said.

Defence: When did he die from the date of Incident.

Witness: I cannot say.

Defence: When did you reach at Sabroom?

Witness: On 16th April.

Defence: Whilst going to India, did you take food from one of your relatives house? Would you please tell us the name of that relative?

Witness: His name is Jadu Mahajan.

Defence: Whether children of Jadu mahajan were alive.

Witness: Yes.

Defence: Did you tell them that incident?

Witness: No as they knew it before.

Defence: Whether they went to India with you?

Witness: No, they came a few days later.

Defence: Who was the sector commander of sector no. 1?

Witness: I do not know.

Defence: You were not fighting for liberation under the sector no.1.

Defence: “At that time two soldiers started coming forward and after getting them close all of my present family members started crying loudly by holding their legs” You did not tell it to the investigation officer

Witness: I have said.

Defence: “At that time me, my brother- Sunil Sharma, my uncle- Jotilal Sharma, younger uncle- Makhonlal Sharma surounded Salahuddin Quader Chowdhury and other soldiers and broke out crying, some of us have hold their legs. They have instructed us to stand in a line. We were not moving for making a line at first, afterwards when we apprehended that there would be great damages if we won’t follow the instructions. Then we have started standing on line. Then Salahuddin Quader Chowdhury and other soldiers have gone back from 15 hands step from us and instructed us to sit down. They were standing by facing at the east side. They have started taking the preparation of Brushfiring over us by slightly moving at the south-western angle. Just before they started brushfiring I fell down, they have brush-fired for two times. I was lying there numbly, because if I would stand up they might shoot me. When everything became silent I have heard a sound of someone moaning. Then I rose up and saw that- Salahuddin Quader Chowdhury and other soldiers were moving towards the eastern side”. You did not tell it to the I.O.

Witness: I have said it.

Defence: “Then I saw a bullet has pierced the left side of my mother’s stomach and all the intestines have come out. [Crying] She has lost her soul already” You did not tell it to the I.O.

Witness: I have said.

Defence: “My younger Uncle Makhonlal Sharma was having a heavy injury on his head by bullet after sometimes he died”. You did not tell it to the I.O.

Witness: I have said.

Defence: “My father was a healthy man. His left hand was heavy injured by bullets. He got injured in his left thigh by the bullets and his bone got broken. After listening the sound of bullets and fire, my other brother who was out of home at the time of incident came home and saw this massacre. At this above circumstance me and my brother fled away from the place and crossed the Halda River and reached the Gorduara village under Hathajari Police Station and stayed there for the whole day” You did not tell it to the I.O.

Witness: I have said.Defence: “My father was asking for water in a very low voice and was instructing us leave the place. We have served a pot of water to our father and left the house. Then we sat on the high land of the right side of our house and I was thinking whether I am in a bad dream or is it a reality. At 8:30 to 9:00 P.M. we were trying to cross the Rangamati Road to go towards the North side” You did not tell it to the I.O.

Witness: I have said.

Defence: “There was a house at the north side of our house; the owner of the house was Mr. Ali Chowdhury. We have observed that a slight beam of light is coming from their holes of the fence of the house. By following the light we went towards the front side of the house. By listening our call, the residents have taken us inside. They were taking preparation for sleeping. They have let us lie on their bed. But we all were unable to sleep in the night. The residents were just thinking- how they could let us leave the place safely. There was a man named Daru Mia, we used to call him Daru Uncle. He has waked us up from sleeping; he has stated that if you stay longer here, in that case all of us would get in trouble. Then he has put two caps over the head of me and my brother and wore another cap over his head” You did not tell it to the I.O.

Witness: I have said.

Defence: “The people who have gone to India from Bangladesh were being given a pass. After receiving a pass from there we have took shelter in a school. After that we went to Agortola from Sabrum. At the Agortola we were at the shelter of my friend” You did not tell it to the investigation officer

Witness: I have said.

Justice Nizam: We have said that you will be given three sessions. This is the last session and time is already going to be over.

Defence: My lord, if you say like this then how can I will continue? I am not used to doing like this manner.

(Then by gathering up all his documents and papers he left the dais)

Justice Nizam: We have allotted three sessions for you, now if you do not complete it I have said it before that I have to pass an Order at the end of the day. We have had passed an Order setting the time limit and now we are passing another Order as the third session is expired.

Justice Nizam: Would you like to pass the Order now?

Defence: Yes, my lord.

Justice Nizam: It could go either way.

Justice Zaheer: Why don't you continue until 4:30pm and then we shall see. Do continue until 4:30pm then if you are not able to complete, we will see.

Then the defence lawyer went to the dais for completing the cross-examination within the day.

Ahsanu-Haq-Hena: On 13th April Your father, brother, uncle, mother, nephew no one was killed and injured.

Witness: it is not true.

Defence: In your house Bimol, your mother was in your house but you, Sunil were not in the house.

Witness: It is not true.

Defence: Dr. Makhon laal and your father no one was injured. You are giving false statement in a false case.

Justrice Nizam: Why you have asked this question?

Defence: My lord, I am going to complete my cross. I have to complete it today.

Justice Nizam: Mr. Hena stt down and take rest. (Tribunal chairman repeatedly said counsels to take his seat)

Ahsanu-Haq-Hena: My lord, I am well and I have to complete it today.

Justice Nizam: Mr. Hena please take your seat and your face does not indicate that you are well. Just please tell us how much time you need to complete the cross examination.

Defence: I need 1 and half hours to complete.

Justice Nizam: Mr. Hena, you are here to assist us.

Order Given by Justice Nizam (summary)

Justice Normal Chandra was produced before us by the prosecution to give evidence of this case. Under the Act and rules we are authorised to regulate time management. We have stated categorically both of the parties the reasons for it.

In examination-in-chief, we allotted two sessions but it took one sessions to complete the Chief. After the completion of Examination-in-chief and before the starting of cross examination, I have seen the volume recorded by us. After that we have allotted three sessions to the defence although we are of the view that doubled time will be given to the cross examination. Only seeing the gravity of the offence we allotted three sessions to the defence.

Ahsanul-Haq-hena started cross examination yesterday but because of not taking proper preparation cross was stopped on 3:30pm and thus he could not avail to cross half an hour from the usual time, So we consider for fair trial time should be given to him.

Today, it is smoothly continued. We found that Mr. Hena is not able to complete it today then we ask him and he requires 1 and half hours.

We intends to continue it today but seeing his health condition we inclined to allow him adjournment today and allow Mr. Hena to start cross-examination 10:30 to 12:00am tomorrow with this the matter is adjourned.

Justice Nizam: Mr. Hena, there is no reason to become angry. I do not want to say anything but the way you reacted is really……(just shake his head)

About Me

This is a personal blog, and any views are solely mine. I am a Bangladesh based journalist who has since August 2010 worked as Editor, Special Reports for the Bangladesh national newspaper, New Age (see my other blog on the International Crimes Tribunal in Bangladesh: http://bangladeshwarcrimes.blogspot.com) Prior to working at New Age, between March and September 2010, I worked as a senior editor and reporter at the news website, bdnews24.com and before that I spent seven months at the Bangladesh newspaper, the Daily Star, setting up a small investigations unit. Between 2000 and 2009, I was the Executive Director of the Centre for Corporate Accountability, a UK based not-for-profit organisation concerned with workplace safety. Before that, I worked as a Television journalist and producer for about seven years working mainly for the television production company, Twenty Twenty Television in London. In 1995, I was involved in making the Royal Television Society award winning Channel Four documentary, the 'War Crimes File', a film about war crimes allegedly committed by three men during the 1971 War of Indpendence. I have lived in Dhaka since 2003.